IMPORTANT DATES & DEADLINES
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Objections:
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The deadline has passed. Objections
needed to be filed on or before October 29, 2010
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Exclusions:
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The deadline has passed. Exclusions
needed to be received no later than October 29, 2010
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Claim Form:
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The deadline has passed. Claims
needed to be postmarked by November 19, 2010
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Fairness Hearing:
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UPDATE: Approved
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Summary of Settlement
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There is a Class Action Settlement with Bristol-Myers Squibb (“BMS”) concerning
the drugs Blenoxane®, Cytoxan®, Etopophos®, Paraplatin®, Rubex®, Taxol® and Vepesid®
(referred to as the “BMS Drugs”).
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The name of the lawsuit is In re: Pharmaceutical Industry Average Wholesale Price
Litigation, Docket No. 01-C V-12257-PBS, MDL No. 1456 (D. Mass.).
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The lawsuit claims that Third-Party Payors (“TPPs”) who reimbursed any portion of
their insureds’ Medicare Part B co-payment or who reimbursed for these drugs outside
of Medicare Part B based on the “average wholesale price” (“AWP”) paid more than
they should have for these drugs.
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The lawsuit claims the AWPs reported by BMS for the BMS Drugs were false and inflated.
AWPs were used to set the amount Medicare Part B, and most private insurers reimbursed
for these drugs. BMS denies any wrongdoing and is settling to avoid the burden and
expense of continued litigation.
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BMS has agreed to pay $19 million to settle claims of TPPs as well as consumers
who made percentage co-payments based on AWP.
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Under the terms of Settlement, 77% of the Settlement funds, minus certain fees and
expenses, will be used to satisfy the claims of TPPs who file claims. The remaining
23% of the total Settlement amount, minus certain fees and expenses, will be set
aside exclusively to satisfy the claims of consumers.
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Generally speaking, you are a member of one of the Settlement Classes:
If you reimbursed any portion of an insured’s Medicare Part B co-payment for any
of these drugs from January 1, 1991 through December 31, 2004;
or
If you made reimbursements outside of Medicare Part B for any of these drugs from
January 1, 1991 through December 31, 2004.
For more detailed information, please review the Notice
and other court documents on the links at the left.
What Is The Lawsuit About?
The lawsuit claims that BMS reported false and inflated AWPs for the BMS drugs at
issue in this case. The lawsuit claims that the reported AWPs were used to set reimbursement
amounts that were paid by Medicare and its beneficiaries and to set the reimbursement
by private health insurers and consumers making percentage co-payments under private
health insurance plans. The lawsuit asks the Court to award money damages to TPPs
who made reimbursements under Medicare Part B for the drugs at issue or who reimbursed
outside of Medicare Part B based on AWP.
BMS denies any wrongdoing and the Settlement is not an admission of wrongdoing or
an indication that any law was violated. BMS has entered into the Settlement to
avoid further expense and inconvenience.
How Do I Know If I Am Included In The Settlement?
Generally speaking, you are a member of one of the Settlement Classes if you reimbursed
(or incurred an obligation to reimburse) any portion of an insured’s Medicare Part
B co-payment for any of these drugs from January 1, 1991 through December 31, 2004;
or you made (or incurred an obligation to make) reimbursements outside of Medicare
Part B for any of these drugs from January 1, 1991 through December 31, 2004. You
do not need to do anything to become part of one of these Settlement Classes, but
you must complete the Claim Form in order to be able to receive money.
Excluded from the Settlement are (1) consumers who made flat co-payments, who were
reimbursed fully for their payments, or who have the right to be fully reimbursed,
and (2) BMS and certain related entities as defined in the Settlement Agreement.
Also excluded from the Settlement are all federal, state, and local government entities
in the United States, except any such governmental agencies or programs that made
or incurred an obligation to make a reimbursement for a Class Drug as part of a
health benefit plan for their employees, but only with respect to such payment.
Questions concerning the matters contained herein should be directed to the Settlement
Administrator listed below.
Please email or write the Settlement Administrator at the address below if your
address changes.
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BMS AWP TPP Settlement Administrator
c/o Rust Consulting, Inc.
P.O. Box 24648
West Palm Beach, FL 33416
Toll-free Phone: 877-690-7097
Email: info@BMSAWPSettlement.com
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